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PEOPLE v. HIDALGO-HERNANDEZ

982 KA 21-00653.

200 A.D.3d 1681 (2021)

158 N.Y.S.3d 508

2021 NY Slip Op 07404

The People of the State of New York, Respondent, v. Jonathan Hidalgo-Hernandez, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2021.

Attorney(s) appearing for the Case

KEEM APPEALS, PLLC, SYRACUSE ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( JESSICA N. CARBONE OF COUNSEL), FOR RESPONDENT.

Present—Carni, J.P., Lindley, NeMoyer, Winslow and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, that part of the omnibus motion seeking to suppress physical evidence seized from the residence is granted, the indictment is dismissed, and the matter is remitted to Onondaga County Court for proceedings pursuant to CPL 470.45.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty...

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